United States Department of Agriculture (USDA) food and labeling standards define foie gras as duck or goose liver “obtained exclusively from specially fed and fattened geese and ducks.” This centuries-old process, long used in France , involves “force feeding” geese and ducks to enlarge their livers. It is the only way to produce genuine foie gras. California, […]
The Supreme Court on December 5 announced revisions to its rules—including elimination of the requirement that an amicus curiae obtain either the parties’ consent or the Court’s permission prior to filing its friend-of-the-court brief. “Deleting the consent requirement reflects how commonplace the filing of amicus briefs has become in the Supreme Court. The federal courts of appeals should follow
Supreme Court Ditches Amicus Consent Requirement Read More »
The Atlantic Legal Foundation has filed a Supreme Court merits-stage amicus brief, advocating for broad attorney-client privilege protection, including for in-house corporate counsel. Case Background The attorney-client privilege protects the confidentiality of communications between lawyers and their clients. In Upjohn Co. v. United States, 449 U.S. 383 (1981), the Supreme Court held that the privilege applies in
ALF Brief Supports Broad Protection For Attorney-Client Communications Read More »
“Writing amicus curiae (‘friend of the court’) briefs is my favorite activity as an appellate lawyer,” Capital Appellate Advocacy founder and Atlantic Legal Foundation Executive Vice President & General Counsel Larry Ebner explains at the beginning of his recent article, How To Draft An Amicus Brief That Actually Gets Read. Published by the Federation of Defense & Corporate Counsel in
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Case Background Parents Defending Education, a nonprofit organization that promotes “the restoration of a healthy, non-political education” for the nation’s children, has filed federal district court litigation challenging an Iowa public school district’s transgender student policy. This policy, titled Administrative Regulations Regarding Transgender and Students Nonconforming to Gender Role Stereotypes, purports “to expeditiously address the needs
The plaintiffs in Changizi v. Department of Health and Human Services allege that the federal government, primarily through the Office of the Surgeon General, has pressured Twitter and other social media to censor them and other individuals who “question the wisdom, efficacy, and morality of government responses to the [COVID-19] pandemic, specifically lockdowns and mask and vaccine
I was pleased to attended my 50th reunion at Harvard Law School last October. Much has changed, and much has not . . .
50th Reunion Photo – Harvard Law School Class of 1972 Read More »
I went “Big Law-less” 6 yrs ago this month. Ironically, my professional independence has enabled me to interact with many more superb appellate specialists at Big Law firms than ever before – as well as with dozens of outstanding appellate attorneys in smaller, boutique, and solo-practice law firms, and at free-enterprise & individual-liberty advocacy organizations.
The certiorari petition in Glenhaven Healthcare LLC v. Saldana, No. 22-192, presents an important and frequently recurring question that has enormous implications for public health as well as civil justice: Whether COVID-19-related personal-injury and wrongful-death suits, which implicate the immunity-from-suit-and-liability provision and additional legal protections expressly afforded to healthcare facilities and workers by the Public Readiness and
On behalf of the Atlantic Legal Foundation (ALF), I have filed a merits-stage amicus brief urging the Supreme Court to hold in Mallory v. Norfolk Southern Ry. Co., No. 21-1168, that a nonresident corporation cannot be subjected to a State’s general jurisdiction merely because, as required by the State, it registers to do business. This is
